No. 1072 WDA 2007 2008 PA Super 92 Atlantic: n/a Filed: 5/1/2008
Appeal from the Order in the Court of Common Pleas of Washington County, Criminal Division, No(s): 227 of 2007
Before: LALLY-GREEN, PANELLA and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Concurring Statement by: LALLY-GREEN, J.
The Commonwealth appeals the May 29, 2007, Order dismissing the charges against appellee Ricki Lee Booze on the basis of a violation of Pa.R.Crim.P. 600, Prompt Trial. After thorough and careful consideration, we affirm.
Rule 600(A) makes clear that the mechanical run date comes 365 days after the filing of the complaint. This Court then calculates the adjusted run date according to 600(C). The adjusted run date is calculated by omitting certain times proscribed by 600(C), “excludable time,” from the calculation of the run date.
Pursuant to Rule 600(A) and (C), we calculate
the mechanical and adjusted run dates as follows:
The mechanical run date is the date by which the
trial must commence under [Rule 600]. It is
calculated by adding 365 days (the time for
commencing trial under [Rule 600]) to the date on
which the criminal complaint is filed. As discussed
herein, the mechanical run date can be modified or
extended by adding to the date any periods of time
in which delay is caused by the defendant. Once the
mechanical run date is modified accordingly, it then
becomes an adjusted run date.
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